August 2, 2021

Case Brief: Assam Sanmilita Mahasangha vs Union of India

case brief

In Assam Sanmilita Mahasangha vs Union of India deals with section 6A of the Citizenship Act which effect to the Assam Accord.

Case Number: Writ Petition (Civil) Nos., 274 of 2009

Party Name: Assam Sanmilita Mahasangha Vs Union of India (UOI)- 2014

Judges: Ranjan Gogoi and Rohinton Fali Nariman, JJ.

Citation: 2015 (I) AD (SC) 466, AIR 2015 SC 783, 2015 (1) MLJ 219, 2014 (14) SCALE 101, 2015 (3) SCC 1, 2015 (1) SCJ 701

Judgement Date: December 17, 2014

Court: Supreme Court

Issue in Assam Sanmilita Mahasangha vs Union of India 

The Mahasangha challenged section 6A of the Citizenship Act. It gave effect to the Assam Accord by providing separate rules of citizenship in the state.

Provisions

Under the provision, in contrast with the other states, the migrants of Indian origin who settled in Assam before March 25, 1971 could qualify either as Indian citizens or for a route to citizenship. In its petition, the Mahasangha argued that the provision violated the right to life of the citizens in the state by encouraging the “massive influx of illegal migrants” from Bangladesh. It also argued that the distinct regime compromised their right to culture as guaranteed by the Constitution.

Judgement in Assam Sanmilita Mahasangha 

A bench – consisting of Justice Ranjan Gogoi and Justice R.F. Nariman – recommended that the issue be referred to a larger constitutional bench for final determination. In doing so, the bench raised a serious question on the constitutional validity of section 6A. But in the same order, the bench also decided to commence supervising the NRC update, on a court-determined calendar, based precisely on the requirements under section 6A.

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